No money shall be paid out of the treasury except upon appropriation by law and on warrant drawn by the proper officer. Before any liability can attach to the state, there must first be an appropriation by the legislature for that liability. The South Dakota Supreme Court has stated that a lawsuit against the state could not be maintained in the absence of a specific appropriation by the legislature for the specific purpose of paying the claims that are the subject of the lawsuit (Pietz v. State, 1936). If the legislature has not made an appropriation for the...
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